…a given case. Consequently, each procedure will differ. In doing so, the tribunals have little guidance from the IBA Rules on the Taking of Evidence in International Arbitration. Article 9(2)…
…were will become an alternative or a supplement to the IBA Rules. However, she noted that, while the Prague Rules may provide an alternative to some of the IBA Rules’…
…responsibility to resolve their conflict, so that they are free to exacerbate the dispute (since it is not up to them to settle it) by taking the most radical positions….
…judge based on Facebook “friendship”] 4A_473/2016 du 16 February 2017 [Extension to non-signatories – Tortious interference] 4A_30/2018 of 8 February 2018 [Arbitrators’ direction on the taking of evidence cannot be…
…their coverage on our Blog. 1. New HKIAC Arbitration Rules and the Prominence of Hong Kong as an Arbitral Seat Hong Kong International Arbitration Centre (“HKIAC“) introduced its new Administered…
…Schein as “whether the incorporation in a contract of arbitral rules containing a provision empowering a tribunal to determine its own jurisdiction satisfies the ‘clear and unmistakable’ evidence test.” Such…
…for its expropriation of their duty-free stores. During the course of the arbitration, evidence was presented revealing that World Duty Free had donated $2 million to the Kenyan president’s reelection…
…trade agreement and the CPTPP. A range of concerns about ISDS emerged during these processes, including scope for developing appellate mechanisms, codes of ethics, and rules on precedent. The scrutiny…
…7.2(b); 2010 UNCITRAL Rules, Art. 6(4). through the Most Favoured Nation (MFN) clause to designate an appointing authority in an arbitration conducted under different rules. By doing so, the PCA…
…Article 47, seems to be timely. This post will look into the wording of Article 47 of the ICSID Convention, the current Rules 39 of the ICSID Arbitration Rules, as…
…that extend beyond the members of the tribunal’s own training, is for them to appoint their own expert. This is, of course, permitted by the IBA Rules on the Taking…
…the CCJA Rules. The Rules now clarify that any fixing of fees without the CCJA’s approval is null and void but is not a ground to set aside an award….
…come together thoughtfully and productively in response, to change the rules of the game. The lack of diversity falls on global communities, to recharge and reinvigorate for market demands. Gender…
…the assistance of academics and non-governmental organizations dealing with investment laws, should aim to “compile evidence of which states have asserted similar legal arguments in arbitration hearings, identifying commonalities across…
…artificial intelligence might be key (such as pinpointing at red flags to establish corruption). She concluded that this “algocracy” is ready to change the very scope of justice. Taking it…
…the 2017 ICC Rules, which is the case for any arbitration agreement concluded from 1 March 2017 designating the ICC Rules, and if the dispute falls within the scope of…
…other party, without any tangible evidence of bias, could not constitute a ground for the arbitrator’s removal. The IHC ultimately held that an application under Section 20 of the Arbitration…
…effective on 1 November 2018 (“2018 HKIAC Rules“) also contains similar provisions on the duty of confidentiality. Despite the laws and institutional rules, the parameters of confidentiality are by no…
…characteristics required for successful participation in moot courts and those characteristics which law firms seek. He also stressed the value of activities such as taking other law courses, attending international…
…News 31 July 2018, https://iccwbo.org/media-wall/news-speeches/icc-court-releases-full-statistical-report-for-2017/ ↑3 See SIAC Rules 2016, Schedule 1, item 8; LCIA Arbitration Rules 2014, Article 9.7; ICC Rules of Arbitration 2017, Appendix IV(f) ↑4 SIAC Rules…
…of international conventions and arbitration rules of foreign arbitration institutions; and above all, the arbitrability of contractual parties’ tax disputes. Case Summary On behalf of Subway International B.V. (“Subway”), two…
…631-638. as arbitrators normally deal with different rules that could be simultaneously applicable: the substantive law or lex causae, the law applicable to the agreement of arbitration, the lex arbitri…
…the date of NAFTA’s termination. As noted by the panel, “legacy investments” claims initiated during the three year period will be decided under the old NAFTA Chapter 11 rules and…
…(a). The rules of arbitration of the Milan Chamber of Arbitration (CAM) include a Code of Ethics regulating the conduct of all arbitrators appointed under the CAM Rules. Art. 12…
